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• Euro plates is illegal hire'
• Hauliers who register their vehicles abroad but operate them on a British Operator's Licence are breaking the law and face fines from other European countries, claims a transport solicitor.
Stephen Kirkbright, senior partner of legal firm Ford 86 Warren, gives the example of hauliers who operate Dutchplated trucks on British 0licences. "They are effectively hiring the vehicle from a Dutch company," he says. He claims this contravenes European law which "prevents the cross-border hiring of HGVs''.
Concerns about the legality of flagging out have risen as vehicles with Dutch plates are increasingly detained at French borders and their drivers fined.
According to Kirkbright, the Only way to benefit from another country's reduced rate of vehicle excise'duty is: • to be resident in that country or to set up a mother company there; • to obtain an operating licence from the country in which the vehicle is registered; • and to understand that under the Rome Convention, British drivers can insist on being paid at the rate of the country where the vehicle is registered.
• Thansport lawyer Stephen Kirkbright also claims that if the UK Government followed European law to the letter it could prevent foreign hauliers from taking too much UK work.
If it could prove they were coming on regular and extended visits to the UK they might not be exempt under lawful cabotage," says Kirkbright.
Uri the ether hand it could decide to prosecute UK hauliers for tax evasion if it decides too many are flagging out to other EU countries.